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HomeMy WebLinkAboutMinutes - October 15, 1990 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 15, 1990 - 7:30 P.M. 1 The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Moses called the meeting to order, and led in the salute to the Flag. INVOCATION was given by Fellowship. ROLL CALL PRESENT: ABSENT : COUNCILMEMBERS: ALSO PRESENT Pastor Jose Flores of the Ebenezer DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NONE City Attorney Thorson, City Administrator Diaz, Director of Finance Craig, Director of Utilities Hsu, Chief of Police ,Nelson, Director of Community Development Bruckner, Senior Librarian Maghsoudi, Superintendent of Public Works Pedroza, Redevelopment Director Steel, City Engineer Abbaszadeh, Community Improvement Manager Rudisel, Redevelopment Manager Lyman, Public Relations Officer Cooper, Recreation Supervisor Noriega, City Treasurer Talley, Deputy City Clerk Lara. Invocation Roll Call Also Present Ceremonial The entire Council presented a Plaque to Mr. Victor Subia, Plaque to commending him for volunteering 1000 hours to the Police V. Subia Department. Each Councilmember, in turn, commended Mr. Subia for all his devotion and commitment to the City in many facets over the years. on that ride when the bar did not properly shield them. PUBLIC PARTICIPATION Pub.Prtc. Mr. Art Morales addressed the Council and stated that the A. Morales residents in the community have been quite concerned because Cty Admin the City has lost two Hispanic City Administrators. He leaving commended Fred Diaz and expressed regrets at seeing him leave. Ms. Shirley Nguyen addressed Council with a complaint S. Nguyen regarding one of the rides at the Golden Days carnival, the dangerous zipper. Apparently, her grandson and daughter were injured ride @ Car- on that ride when the bar did not properly shield them. nival They called for help, but to no avail. She wondered if the carnival employees were investigated as to their background and if the rides were checked out for safety. City Administrator responded to her questions. It was consensus of Council that this matter be referred to Rfrd to appropriate staff members for investigation. staff Mr. Ronald Legault addressed the Council regarding the R. Legault closure of Highway 39. He wondered if the City could help closure of Caltrans, in some way, to reopen the highway, as he felt the HWY 39 City was losing revenue with its closure. Mr. Art Morales addressed the Council and discussed A. Morales Proposition B which will be on the ballot in November. He Prop B on advised that Supervisor Schabarum was aginst this ballot proposition as the funds were geared primarily for Santa Monica, and he was not in favor of it either, as no funds were set for Azusa. Moved by Councilman Alexander, seconded by Mayor Moses that Read Consent the Consent Calendar be read this evening, only, since there Cal (failed) were apparently residents in the City with sight problems and could not read the Agenda on Cable TV. Motion failed by the following vote of the Council: AYES: COUNCILMEMBERS: ALEXANDER, MOSES NOES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items 1 through 16 was Cons Cal all acted upon under the Special Call portion of the Agenda. Spec Call Moved by Councilman Alexander, seconded by Mayor Moses that Cons Cal brt the Consent Calendar be brought forward from the Special fwrd (failed) Call portion of the Agenda. Motion failed by the following vote of the Council: AYES: COUNCILMEMBERS: ALEXANDER, MOSES NOES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY Cncl convened AT 8:00 P.M. as CRA THE CITY COUNCIL RECONVENED AT 9:16 P.M . Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC No bus APFA FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8949 DENYING THE PUBLIC NUISANCE APPEAL OF JAMES D. AND COLLEEN denying Pub SASSER AND APPROVING AN ORDER FOR THE ABATEMENT OF A Nuis Appl BLIC NUISANCE FOR PROPERTY LOCATED AT 331 SOUTH ASPAN tIENUE, Sasser PURSUANT TO CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 90-1235-C) Moved by Councilman Naranjo, seconded by Councilman Dangleis to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, NOES: COUNCILMEMBERS: ALEXANDER, MOSES ABSENT: COUNCILMEMBERS: NONE 10/15/90 PAGE TWO SCHEDULED ITEMS Sched. Items CONTINUED PUBLIC NUISANCE APPEAL - of John Sain, property Cont Pub Nuis owner and Dennis Mack, business owner of Azusa Gun Shop, for Appl - Azusa property declared a nuisance located at 310 N. Azusa Gun Shop Avenue, Case No. 90-1441-M. Deputy City Clerk Lara administered the Oath to Community Improvement Manager Rudisel prior to his giving testimony on this matter. He advised that the business was declared a public nuisance for operating in violation of Section 19.80.030 of the Municipal Code which regulates the location of "second hand stores", for violation of Electrical Codes and the Uniform Sign Code. Mr. Allan Besbris, attorney for business owner Mr. Mack, addressed this issue stating that his client complied with ali the requirements of the City; that he was not told that the area where he was to do business was not zoned for second hand stores. He questioned the Municipal Code regarding the Section dealing with second hand stores, and could not comprehend how video stores, tuxedo shops could exist as they all deal with "used" or second hand items. He advised that the original hearing was held and lasted for four hours and requested that Council review the transcript of that tape for their edification. General discussion was held between Mr. Besbris and the Council relating to this matter. Oath to Comm Imp Mngr & testimony Testimony A. Besbris Discussion City Attorney apprised Council of the specific Sections in Cty Atty the Municipal Code dealing with second hand stores and other comments issues that were presented by Mr. Besbris. It was then moved by Mayor Moses, seconded by Councilman Transcript Alexander and unanimously carried by roll call that a of orig hrg typewritten transcipt be prepared of the original hearing on fr Cncl this matter and that the City Attorney in concert with & summary by appellant's attorney prepare a summary of the significant both attys and/or essential points of the transcript. This matter to be continued until such time as the above has been accomplished. It was consensus of Council to continue proposed vacation of Vacation of streets and alleys related to the Centennial Square project, ctn sts cont to the meeting of November 5, 1990. to 11/5 mtg Moved by Councilman Dangleis, seconded by Councilman Pub Nuis Appl Stemrich and unanimously carried by roll call to approve AT&SF RR cont request from attorney for the Atchison, Topeka and Santa Fe to 11/5 mtg Railway Company, for continuance of the public nuisance appeal to the meeting of November 5, 1990, for property located at 801 N. San Gabriel Avenue. Community Improvement Manager Rudisel advised the Council Comments that he had no problem in granting the continuance and also Rudisel in response to questions of Council advised that the property in question was not the actual station house, but rather the storage yard. INFORMAL APPEAL HEARING - of Thomas R. Hale, 99¢ Only Store, Inf Hrg 730 W. Foothill Blvd., relating to certain conditions of 99¢ store design review of Precise Plan of Design P-89-132. P-89-132 Community Development Director Bruckner addressed this Comments issue, advising that this particular store was one of many Bruckner that were asked to comply with the Municipal Code's design review requirements. It is an existing retail store. The purpose of the design review is that property in the overlay zones will be more consistent and improve the appearance of the City. The applicant is appealing certain conditions imposed by the Precise Plan of Design. 10/15/90 PAGE THREE Mr. Bruckner then responded to questions posed by the Discussion Council and there was general discussion relating to this issue. Mr. Thomas Hale, Vice President of the Corporation, Comments addressed this issue and advised that he has been in contact T. Hale, VP with staff at the Planning Department and is amenable to all of store of the conditions,as imposed, with the exception of the concrete block wall at the rear of the building. General discussion was held between Council and staff on the Discussion merits/obstacles of the design review process. Further discussion with applicant and Council were held. Councilman Alexander requested that the amortization Agenda reqs ordinance as well as the design review ordinance be placed Alexander on the next Agenda for further discussion., Extensive discussion on the design review, plus meeting with the Planning Commission to reconcile any problems of this nature as well as nuisance abatements was considered. It was then moved by Councilman Dangleis, seconded by Mayor Moses and unanimously carried by roll call to deny the appeal and concur with the findings of the Planning Commission to uphold the recommended conditions of the approval for Precise Plan of Design No. P-89-132, with the exception of the concrete block wall. In place of the block wall that a slatted fence be installed. SPECIAL CALL ITEMS Discussion Appl denied w/exception of blk wall slatted fence appvd Spec Call Moved by Councilman Alexander, seconded by Mayor Moses and Min appvd carried by roll call to approve the Minutes of the regular meeting of October 1, 1990. Councilman Stemrich abstaining. Moved by Councilman Alexander, seconded by Mayor Moses and Cost Sharing carried by roll call to approve Cost Sharing Agreement Agmt appvd between the cities of Banning, Colton, Anaheim, Riverside and Azusa for a pumped storage facility project. Anaheim, as the agent to act on behalf of the other cities, has expended over $30,000 for this project. Councilman Stemrich abstaining. Moved by Councilman Alexander, seconded by Mayor Moses and Plns & Specs carried by roll call to approve the plans and specifications undergrnd for the reconductoring of underground distribution in the distibution Huntsacker subdivision and direct the City Clerk to advertise for bids. Councilman Stemrich abstaining. Moved by Councilman Alexander, seconded by Mayor Moses and Step inc/ carried by roll call to approve step increase/permanent perm status status recommendations for the following: (Councilman Stemrich abstaining) NAME STATUS EFFECTIVE K. Mingle PermStat/Step 2 10/17/90 ' M. Ortiz PermStat 10/17/90 R. Garcia PermStat 09/19/90 R. Green Step 5 10/17/90 M. Gomez Step 5 10/18/90 D. Patterson PermStat 10/16/90 Moved by Councilman Alexander, seconded by Mayor Moses and Plns & specs carried by roll call to approve the plans and specifications Proj Nos 90 - for Project Nos. 90-22 and 90-26, city-wide sewer 22 & 90-26 improvements, Phase I, and direct the City Clerk to advertise for bids. Councilman Stemrich abstaining. 10/15/90 PAGE FOUR Each year throughout California, one week in October is Oct 21-28 designated as Red Ribbon Week, which commemorates the Red Ribbon campaign against drug and alcohol abuse. It is an Week opportunity for all individuals to demonstrate commitment to a drug-free society by wearing and displaying red ribbons. Chief of Police Nelson read the proposed resolution in full Chief of Pol and requested all residents of Azusa to participate in this read reso worthwhile cause. 'Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll, with Councilman Stemrich abstaining, to adopt the Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8945 PROCLAIMING THE WEEK OF OCTOBER 21-28, 1990, AS "RED RIBBON Red Ribbon WEEK" Week Moved by Councilman Alexander, seconded by Mayor Moses and ASL Eng. agmt carried by roll call to approve agreement with ASL topographic Engineering for a not to exceed fee of $42,817.90 and maps authorize its execution for topographic services. As part of the effort to design and implement the City's Master Plan of storm drainage systems, topographic maps are required to determine the size of the watershed. Proposals were solicited from four firms. Councilman Stemrich abstaining. Mr. Art Morales addressed item dealing with Comments bicycle/pedestrian funding and requested information on A. Morales where these monies were spent. He was advised to contact SB821 funds staff during the day. Each year cities in Los Angeles County are allocated funds from SB 821, the Transportation Development Act, for bicycle and/or pedestrian facilities. The City's allocation is $11,110.00. Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll call, with Councilman Stemrich abstaining, to adopt the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN Res.#8946 SB821 funds bicycle/ pedestrian facilities Moved by Councilman Alexander, seconded by Mayor Moses and Resign G. carried by roll call to accept the resignation of Gary Phillips Phillips, Street Maintenance Worker II, effective October 16, 1990. Councilman Stemrich abstaining. Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll call to approve the appointment of Mr. Shan Thompson to the position of Park Maintenance Worker I/II, contingent upon successful completion of the physical examination; effective date to be determined. Councilman Stemrich abstaining. The Light Division requires the services of a Project coordinator for three projects: circuit undergrounding, Fzusa Substation expansion and distribution circuit ddition. James T. Brodie, DBA Creative Power Management, as been recommended by the consultant on these projects, to be paid on an hourly basis. Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll call to approve the Purchase Order for consultant services with James T. Brodie for a maximum of $27,500.00. Councilman Stemrich abstaining. 10/15/90 PAGE FIVE Appt S. Thompson Proj Coordi- nator appvd fr various L&W projects Moved by Councilman Alexander, seconded by Mayor Moses and Plns & specs carried by roll call to approve the plans and specifications Azusa Sub - for the Azusa Substation expansion and direct the City Clerk station to advertise for bids. Councilman Stemrich abstaining. Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll call to approve the promotional appointment of Mr. David Ramirez to the position of Electric Operations Superintendent, effective October 16, 1990. Councilman Stemrich abstaining. The Building Division has improved services and is more efficient since the change from contracting with the County. However, the work load has increased due to construction activities as well as proactive responsibilities and special projects; further, the burden of small plan check submittals rather than using our consultant. In light of continued future increases in the work load, the creation of a Senior Plans Examiner position was requested. This position would eliminate the use of the consultant and those funds would cover the cost of the new position. Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll call to conceptually approve the reorganization of the Building Division by approving the creation of a Senior Plans Examiner position within the existing budget, and transfer funds from the plan checking account to the salary and benefits account. Councilman Stemrich abstaining. Staff surveyed the surrounding cities to determine the current rate of compensation for crossing guards. The survey revealed that the median rate is $5.85 per hour, with crossing guard supervisors receiving $6.18 per hour. Azusa's present rates are $5.10 and $5.50 respectively. 'Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll call to approve the compensation for crossing guards to $5.85 per hour and $6.18 per hour for supervisors, effective January 1, 1991. Councilman Stemrich abstaining. Moved by Councilman Alexander, seconded by Mayor Moses and carried by roll call, with Councilman Stemrich abstaining, to adopt two separate resolutions authorizing payment of warrants by the City entitled: Promo appt D. Ramirez Reorganiza- tion of Bldg Div creation of Plns Exa- miner pos. Salary sur- vey Xing Grds Inc. as of 1/1/91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. Nos 8947 ALLOWING CERTAIN CLAIMS AND DEMANDS- AND SPECIFYING THE & 8948 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants OTHER BUSINESS/CITY COUNCIL Moved by Councilman Dangleis, seconded by Mayor Moses and unanimously carried by roll call that plaques be prepared for presentation at the next Council meeting to Mr. Alex Perenishko, Mr. Steve Perenishko, Mr. Fred Haag and Mr. Doug Robbins for the assistance given to their neighbor, a burn victim, which actions saved his life. oved by Councilman Dangleis, seconded by Councilman Naranjo and carried by roll call that a policy be adopted that all future agenda items submitted by Councilmembers contain sufficient data to enable Council and staff to properly understand the item. The sufficiency of data in the item will be determined by the City Administrator; further that it is perfectly permissable and advisable for Councilmembers to seek staff help in complying data for agenda items. Mayor Moses and Councilman Alexander dissenting. 10/15/90 PAGE SIX Oth Bus/Cncl Plagues for res aiding fire victim Cncl agenda items to con- tain suffcnt data in order to understand item Discussion was held regarding oversized homes being built in the City on R2 lots. Mr. Art Morales addressed displeasure with these types located on Angeleno Avenue. this issue and voiced his of home, especially the ones Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call that staff look into the possibility of two story oversized homes being built to the rear of R2 zoned properties and that they review the City of Arcadia's Ordinance relating to this issue. Discussion was held regarding vulgar language that is being placed on billboards, and the possibility of prohibiting such language. Ovrszd homes on R2 lots Comments A. Morales Staff to rpt on ovrszd homes & Ord frm Arcadia Vulgar lan- guage - bill- boards City Attorney apprised the Council that regulations relating Comments Cty to billboards are found in the Penal Code and that as long Atty as the billboards are not located near residential areas and schools, that not much could be done. It was consensus of Council that the Chief of Police review Rfrd to Chief the matter for report to Council. of Police Moved by Councilman Stemrich, seconded by Councilman Appl CUP Alexander and carried by roll call that the Council appeal Azusa Rock action taken by the Planning Commission approving a conveyor conditional use permit for the Azusa Rock conveyor system. system Councilmen Dangleis and Naranjo dissenting. Discussion was then held regarding the newly adopted Discussion Ordinance dealing with decorum at Council meetings. Decorum Ord. Moved by Councilman Naranjo, seconded by Councilman Dangleis Proclamation and unanimously carried by roll call that a Proclamation and & Plaque fr Plaque be prepared for Fred Diaz, City Administrator, who is Cty Admin leaving the City on October 25, 1990. Diaz THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 11:10 P.M. w/Cncl Councilman/Director Alexander offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8950 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON OCTOBER 15, 1990 PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). Moved by Councilman/Director Alexander, seconded by Mayor/Chairman Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, STEMRICH, ALEXANDER, NARANJO, MOSES FOES: COUNCILMEMBERS/DIRECTORS: NONE BSENT: COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 11:11 P.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 12:05 A.M. 10/15/90 PAGE SEVEN Moved by Director Dangleis, seconded by Director Stemrich Purch and unanimously carried by roll call that staff be directed Chamber to purchase the parking lot on the northeast corner of property Alameda and Foothill Blvd. from the Chamber of Commerce at a cost of $164,000.00; further that note of $36,000.00 be forgiven. The Official Azusa City Flag was available in the City Flag Auditorium and was displayed for the public to view. displayed Moved by Councilman/Director Stemrich, seconded by Adjourn Councilman/Director Dangleis and unanimously carried to adjourn. TIME OF 12:10 A.M. NEXT RESOLUTION NO. 8951 NEXT ORDINANCE NO. 2458 1 1 10/15/90 PAGE EIGHT